{"id":"marine-and-harbours-departmental-areas-regulations-1998","name":"Marine and Harbours (Departmental Areas) Regulations 1998","slug":"marine-and-harbours-departmental-areas-regulations-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178928,"registerId":"wa-marine-and-harbours-departmental-areas-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine and Harbours (Departmental Areas) Regulations 1998","content":"![Crest]()Western Australia\n\nMarine and Harbours Act 1981\n\nMarine and Harbours (Departmental Areas) Regulations 1998\n\nWestern Australia\n\nMarine and Harbours (Departmental Areas) Regulations 1998\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Parking vehicles on departmental land 2\n\n3A. Parking charges for boat trailers: Hillarys Boat Harbour 3\n\n4. Driving and riding vehicles on departmental land 3\n\n5. Departmental land leased to local governments 4\n\n6. Using waters in departmental areas 4\n\n7. Permitting animals on jetties in departmental areas 5\n\n8. Giving false or misleading information 5\n\n9. Infringement notices and modified penalties 5\n\n10. Offences that place onus on vehicle owner 6\n\nSchedule 1 — Infringement notice offences and modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nMarine and Harbours Act 1981\n\nMarine and Harbours (Departmental Areas) Regulations 1998\n\n##### 1. Citation\n\nThese regulations may be cited as the *Marine and Harbours (Departmental Areas) Regulations 1998*.\n\n##### 2. Interpretation\n\n(1) In these regulations —\n\n  ACROD sticker means a parking sticker issued by ACROD Limited (Western Australian Division), a company limited by guarantee and incorporated in the Australian Capital Territory;\n\ncarriageway has the meaning given in the *Road Traffic Code 2000* regulation 3(1);\n\n  dual use path means a footpath, or a length of a footpath, at both ends of which it is indicated publicly that a person may ride or use a non‑motorized vehicle on the footpath or length of a footpath;\n\n  indicated publicly, in relation to a departmental area, or portion of a departmental area, means indicated publicly by notices or signs of the kind referred to in section 5B of the Act that are erected, placed or marked at or near the departmental area, or portion of a departmental area, to which the notices or signs apply;\n\n  jetty has the same meaning as it has in the *Jetties Act 1926*;\n\n  non‑motorized vehicle means —\n\n(a) a vehicle that is propelled by means other than a motor; or\n\n(b) a wheelchair, whether or not propelled by means of a motor;\n\npark has the meaning given in the *Road Traffic Code 2000* regulation 3(1);\n\nvehicle has the meaning given in the *Road Traffic (Administration) Act 2008* section 4 but does not include a motorised wheelchair as defined in the *Road Traffic Code 2000* regulation 3(1).\n\n(2) These regulations are subject to any written law and any law of the Commonwealth about assistance animals as defined in the *Disability Discrimination Act 1992* (Commonwealth) section 9(2).\n\n[Regulation 2 amended: Gazette 8 Jan 2015 p. 53‑4.]\n\n##### 3. Parking vehicles on departmental land\n\n(1) A person must not, without the written permission of the chief executive officer, park a vehicle on departmental land anywhere other than where it is indicated publicly that the parking of vehicles is permitted.\n\nPenalty: $250.\n\n(2) If the maximum period that a vehicle is permitted to be parked on departmental land is indicated publicly, a person must not park a vehicle on the departmental land for a period greater than that maximum period.\n\nPenalty: $100.\n\n(3) A person must not park a vehicle on departmental land where it is indicated publicly that the departmental land is reserved for the parking of vehicles of disabled persons unless —\n\n(a) a disabled person is the driver of or a passenger in the vehicle; and\n\n(b) the vehicle displays a current ACROD sticker in a prominent position.\n\nPenalty: $250.\n\n(4) A person must not park a vehicle on departmental land in a manner that obstructs —\n\n(a) a footpath;\n\n(b) a pedestrian crossing;\n\n(c) a vehicle loading zone; or\n\n(d) an entrance to or exit from a place on the departmental land.\n\nPenalty: $250.\n\n##### 3A. Parking charges for boat trailers: Hillarys Boat Harbour\n\nThe following charges are payable for parking a boat trailer on departmental land at Hillarys Boat Harbour where it is indicated publicly that the parking of boat trailers is permitted —\n\n(a) a daily charge of $10.40;\n\n(b) an annual charge of $164.40.\n\n[Regulation 3A inserted: Gazette 23 Jun 2017 p. 3258; amended: Gazette 22 Jun 2018 p. 2184; 31 May 2019 p. 1722; SL 2020/60 r. 4; SL 2021/68 r. 10; SL 2022/56 r. 4; SL 2023/45 r. 4; SL 2024/57 r. 4; SL 2025/64 r. 6.]\n\n##### 4. Driving and riding vehicles on departmental land\n\n(1) Subject to subregulation (2), a person must not, without the written permission of the chief executive officer, drive or ride a vehicle on departmental land anywhere other than —\n\n(a) on a carriageway; or\n\n(b) where it is indicated publicly that the parking of vehicles is permitted.\n\nPenalty: $250.\n\n(2) A person may drive or ride a non‑motorized vehicle on departmental land —\n\n(a) on a dual use path; or\n\n(b) where the person has the permission of an officer of the Department to drive or ride such a vehicle.\n\n(3) A person must not drive or ride a vehicle on departmental land at a speed —\n\n(a) greater than the speed indicated publicly as the maximum speed applicable to the departmental land; or\n\n(b) if no maximum speed is so indicated, greater than 40 kilometres per hour.\n\nPenalty: $250.\n\n##### 5. Departmental land leased to local governments\n\nRegulations 3 and 4 do not apply to departmental land that is leased to a local government within the meaning of the *Local Government Act 1995*.\n\n##### 6. Using waters in departmental areas\n\n(1) A person in charge of a vessel in a departmental area must not cause or permit the vessel to enter or remain in any waters indicated publicly as waters —\n\n(a) that are reserved for swimming; or\n\n(b) that vessels are prohibited to enter.\n\nPenalty: $500.\n\n(2) A person must not dive into any waters from a jetty in a departmental area.\n\nPenalty: $400.\n\n(3) A person must not, without the written permission of the chief executive officer, swim in or dive into any waters in a departmental area other than waters indicated publicly as waters —\n\n(a) that are reserved for swimming; or\n\n(b) that vessels are prohibited to enter.\n\nPenalty: $100.\n\n##### 7. Permitting animals on jetties in departmental areas\n\n(1) A person who has an animal in his or her possession or under his or her control must not, without the permission of an officer of the Department, cause or permit the animal to be on a jetty in a departmental area.\n\nPenalty: $100.\n\n[(2) Deleted]\n\n[Regulation 7 amended: Gazette 8 Jan 2015 p. 54.]\n\n##### 8. Giving false or misleading information\n\nA person must not give to an officer of the Department in relation to an offence committed, or alleged to have been committed, under these regulations any information, whether in documentary or any other form, that the person knows —\n\n(a) to be false or misleading in a material particular; or\n\n(b) to have omitted from it a matter or thing the omission of which renders the information misleading in a material particular.\n\nPenalty: $500.\n\n##### 9. Infringement notices and modified penalties\n\n(1) An offence that is —\n\n(a) created under a provision of these regulations mentioned in column 1 of Schedule 1; and\n\n(b) described in column 2 of Schedule 1,\n\nis an offence for the purposes of the service of an infringement notice under section 18A(2) of the Act.\n\n(2) The amount mentioned in column 3 of Schedule 1 corresponding to an offence referred to in subregulation (1) is the modified penalty for that offence for the purposes of section 18A(4) of the Act.\n\n(3) The form of an infringement notice for the purposes of section 18A(3)(a) of the Act is the form set out in Form 1 of Schedule 2.\n\n(4) The form of a notice for the purposes of the withdrawal of an infringement notice under section 18A(7) of the Act is the form set out in Form 2 of Schedule 2.\n\n##### 10. Offences that place onus on vehicle owner\n\nAn offence that is created under a provision of these regulations mentioned in the Table to this regulation is an offence for which an infringement notice may be served under section 18A(2) of the Act as read with section 18B(1) of the Act.\n\n**Table**\n\n| regulation 3(1) | regulation 3(4) |\n| --- | --- |\n| regulation 3(2) | regulation 4(1) |\n| regulation 3(3) | regulation 4(3) |\n\n\nSchedule 1 — Infringement notice offences and modified penalties\n\n[Reg. 9(1) and (2)]\n\n| **Item No.** | **Column 1 Regulation** | **Column 2**<br>**Brief description of offence** | **Column 3 Modified Penalty**<br>**$** |\n| --- | --- | --- | --- |\n| 1. | 3(1) | Parking vehicle on departmental land outside indicated parking area ....................... | 50.00 |\n| 2. | 3(2) | Parking vehicle on departmental land for longer than maximum period ........................ | 20.00 |\n| 3. | 3(3) | Parking vehicle on departmental land where reserved for disabled persons ........................ | 50.00 |\n| 4. | 3(4) | Parking vehicle on departmental land in manner that obstructs footpath, etc. .............. | 50.00 |\n| 5. | 4(1) | Driving or riding vehicle in departmental area outside areas where driving or riding is permitted ....................................................... | 50.00 |\n| 6. | 4(3) | Driving or riding vehicle on departmental land over maximum speed limit .................... | 50.00 |\n| 7. | 6(1) | Causing or permitting vessel in departmental area to enter or remain in waters reserved for swimming ...................................................... | 100.00 |\n| 8. | 6(2) | Diving into waters from jetty in departmental area .......................................... | 80.00 |\n| 9. | 6(3) | Swimming or diving in waters in departmental area outside areas reserved for swimming ...................................................... | 20.00 |\n| 10. | 7(1) | Causing or permitting animal to be on jetty in departmental area ...................................... | 20.00 |\n\n\nSchedule 2 — Forms\n\n[Reg. 9(3) and (4)]\n\n**FORM 1**\n\n***MARINE AND HARBOURS ACT 1981***\n\n***MARINE AND HARBOURS (DEPARTMENTAL AREAS) REGULATIONS 1998***\n\n**INFRINGEMENT NOTICE**\n\nParking offence\n\nOther offence\n\nDOB (1) ....../....../......\n\nDate of this notice ....../....../......\n\nTo: (2) ......................................................................................................................\n\nof: (3) .......................................................................................................................\n\nDetails of vehicle (if applicable): ...........................................................................\n\nIt is alleged that on ....../....../...... at (4) ....................................................................\n\nat (5) .........................................................................................................................\n\nyou committed the following offence —\n\n.................................................................................................................................\n\n.................................................................................................................................\n\n.................................................................................................................................\n\ncontrary to regulation ...................... of the *Marine and Harbours (Departmental Areas) Regulations 1998*.\n\nThe modified penalty for the alleged offence is $ ................................\n\nIf you do not wish to have the alleged offence heard and determined by a court, you may pay the amount of the modified penalty specified above to an authorised officer at (6) ........................................................ a period of 28 days after the giving of this notice.\n\nIf you do not do so, you may receive a summons for this matter to be heard and determined by a court, and you may become liable to pay additional amounts.\n\nName and title of authorised officer giving this notice..........................................\n\nSignature ........................................................\n\n(1) Date of birth of alleged offender (not required to be given).\n\n(2) Name of alleged offender [“owner of (*vehicle identification*)” is sufficient if notice is given under section 18B(1) of the Act].\n\n(3) Address of alleged offender [not required if notice given under section 18B(1) of the Act].\n\n(4) Time at which offence was allegedly committed.\n\n(5) Place at which offence was allegedly committed.\n\n(6) Place where modified penalty may be paid.\n\n[Form 1 amended: Gazette 8 Jan 2015 p. 54‑5.]\n\n**FORM 2**\n\n***MARINE AND HARBOURS ACT 1981***\n\n***MARINE AND HARBOURS (DEPARTMENTAL AREAS) REGULATIONS 1998***\n\n**NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE**\n\nDate of this notice ....../....../......\n\nTo: (1) ......................................................................................................................  \nof: (2) .......................................................................................................................\n\nInfringement Notice No. ............................... dated ....../....../...... issued for the alleged offence of ...................................................................................................  \n.................................................................................................................................  \n................................................................................................................................. has been withdrawn.\n\nThe modified penalty of $ ..........................................\n\n* was paid and a refund is enclosed.\n\n* was not paid and should not be paid.\n\n* Delete as appropriate.\n\nName and title of authorised officer giving this notice .........................................\n\nSignature ........................................................\n\n(1) Name of alleged offender to whom infringement notice was given.\n\n(2) Address of alleged offender.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Marine and Harbours (Departmental Areas) Regulations 1998* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Marine and Harbours (Departmental Areas) Regulations 1998* | 17 Jul 1998 p. 3800‑3 | 17 Jul 1998 |\n| **Reprint 1: The *Marine and Harbours (Departmental Areas) Regulations 1998* as at 7 May 2004** | | |\n| *Marine and Harbours (Departmental Areas) Amendment Regulations 2014* | 8 Jan 2015 p. 53‑5 | r. 1 and 2: 8 Jan 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2017* Pt. 2 | 23 Jun 2017 p. 3253‑78 | 1 Jul 2017 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2018* Pt. 2 | 22 Jun 2018 p. 2184‑93 | 1 Jul 2018 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2019* Pt. 2 | 31 May 2019 p. 1721‑8 | 1 Jul 2019 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations 2020* Pt. 2 | SL 2020/60 22 May 2020 | 1 Jul 2020 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 3 | SL 2021/68 4 Jun 2021 | 1 Jul 2021 (see r. 2(b), SL 2021/51 r. 2(b) and SL 2021/50 cl. 2) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 2 | SL 2022/56 20 May 2022 | 1 Jul 2022 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 2 | SL 2023/45 19 May 2023 | 1 Jul 2023 (see r. 2(c)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2024* Pt. 2 | SL 2024/57   1 May 2024 | 1 Jul 2024 (see r. 2(b)) |\n| *Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2025* Pt. 3 | SL 2025/64 30 Apr 2025 | 1 Jul 2025 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nACROD sticker 2(1)\n\ncarriageway 2(1)\n\ndual use path 2(1)\n\nindicated publicly 2(1)\n\njetty 2(1)\n\nnon‑motorized vehicle 2(1)\n\npark 2(1)\n\nvehicle 2(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument has been amended since enactment to add and update specific charging and definitional provisions. Notably regulation 3A was inserted to prescribe daily and annual boat‑trailer parking charges at Hillarys Boat Harbour and has been amended repeatedly to update amounts (see regulation 3A and the compilation table). Regulation 2 was amended to refer to Commonwealth assistance animal law; regulation 7 had a subregulation deleted; and Forms and penalty amounts have been updated (see compilation table and amending entries). These are incremental changes to fees, definitions and procedures rather than a wholesale redirection of the regulations' coverage of departmental land and waters."},"complexity_factors":["Cross‑references to multiple other written laws (Marine and Harbours Act 1981, Road Traffic Code 2000, Road Traffic (Administration) Act 2008, Jetties Act 1926, Disability Discrimination Act 1992) which require readers to consult external definitions and provisions (see regulation 2).","Delegated administrative discretion: written permission and enforcement powers vested in the chief executive officer and Department officers for parking, driving, swimming/diving and animals (regs 3, 4, 6, 7).","Infringement notice and modified penalty framework with an offences table and prescribed forms (regs 9–10, Schedule 1 and Schedule 2) creating administrative compliance processes.","Specific monetary charges and updated fees for a named location (regulation 3A) with a history of periodic amendments reflected in the compilation table.","Onus provisions enabling infringement notices against vehicle owners for specified parking/driving offences (regulation 10) which shift evidential/compliance burdens."],"plain_english_summary":"These regulations set rules for use of Departmental land and waters managed under the Marine and Harbours Act in Western Australia. They require written permission from the chief executive officer to park or drive outside indicated areas, impose parking time limits and speed limits (default 40 km/h), restrict vessels, swimming, diving and animals on jetties, and prescribe penalties and infringement fees. \n\nThey affect motorists, boat owners and other users of departmental land and waters. Chief executive officers and authorised officers grant permissions, enforce the rules and issue infringement notices; users pay modified penalties and specified parking charges (for example, boat‑trailer fees at Hillarys)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating conduct on departmental land and waters. The only significant addition since 1998 is Regulation 3A (inserted 2017), which establishes specific parking fees for boat trailers at Hillarys Boat Harbour. This is a narrow, location-specific administrative addition rather than a fundamental expansion of scope. The core regulatory framework regarding parking, vehicle use, water activities, and animal control has remained stable."},"complexity_factors":["Short length (10 regulations plus 2 schedules)","Minimal cross-referencing—only references to the parent Act (Marine and Harbours Act 1981) and standard road traffic legislation for definitions","Straightforward conditional structure with clear penalty provisions","Only 8 defined terms in the interpretation section","Simple tabular format for infringement notices in Schedule 1","No nested exceptions or complex procedural requirements","Clear separation between substantive rules (Regs 3-8) and administrative provisions (Regs 9-10)"],"plain_english_summary":"These regulations set the rules for how people can use land and waters managed by Western Australia's Marine and Harbours Department. Think of them as the 'house rules' for public boat harbours, jetties, and surrounding areas.\n\n**What you can and can't do:**\n\n*   **Parking:** You can only park where signs say it's allowed, and only for the time limit shown. Disabled parking spots require a valid ACROD sticker (a disability parking permit). There's a specific fee for parking boat trailers at Hillarys Boat Harbour ($10.40 per day or $164.40 per year).\n*   **Driving and riding:** You generally can't drive vehicles on departmental land except on roads (carriageways) or signed parking areas. You can ride non-motorised vehicles (like bicycles) on shared paths or with permission. Speed limits apply—either what's posted, or 40 km/h if nothing is posted.\n*   **Using the water:** Boats can't enter swimming areas or prohibited zones. You can't dive off jetties. You can only swim in areas marked for swimming.\n*   **Animals:** You can't take animals onto jetties without permission from a department officer.\n\n**Who it affects:**\nAnyone visiting departmental harbours, boat ramps, jetties, or surrounding lands in Western Australia—including boat owners, swimmers, cyclists, and drivers.\n\n**Enforcement:**\nBreaking these rules can result in fines (called 'modified penalties' if paid promptly, or higher court penalties if contested). Some offences, like parking violations, can be pinned on the registered owner of the vehicle even if they weren't driving.\n\n**Exemptions:**\nThese rules don't apply to land leased to local councils (they make their own rules for those areas)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available for review. No comparison between original intent and current provisions is possible from the information provided."},"complexity_factors":["No legislative content was retrievable — the source page is unavailable due to a website migration or system upgrade","Only the title and a website error message were provided for analysis","Complexity cannot be meaningfully assessed without access to the actual text of the regulations"],"plain_english_summary":"## Marine and Harbours (Departmental Areas) Regulations 1998 (WA)\n\n**The content of this legislation could not be retrieved.** The page hosting these Western Australian regulations is no longer available on the official legislation website due to system upgrades.\n\n**What we know from the title:**\n- This is a set of **regulations** (detailed rules made under a parent Act) from **Western Australia**, dating from **1998**\n- It likely governs the management, use, and control of specific areas under the jurisdiction of the Department of Marine and Harbours in WA\n- It would typically affect **recreational boaters, commercial vessel operators, port workers, and businesses** operating in or near designated marine and harbour areas\n\n**To find the current version**, visit the Western Australian legislation website (legislation.wa.gov.au) directly and search for this instrument, or contact the Parliamentary Counsel's Office Helpdesk as suggested on the page."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/marine-and-harbours-departmental-areas-regulations-1998","history":"/api/acts/marine-and-harbours-departmental-areas-regulations-1998/history","analysis":"/api/acts/marine-and-harbours-departmental-areas-regulations-1998/analysis","conflicts":"/api/acts/marine-and-harbours-departmental-areas-regulations-1998/conflicts","importantCases":"/api/acts/marine-and-harbours-departmental-areas-regulations-1998/important-cases","documents":"/api/acts/marine-and-harbours-departmental-areas-regulations-1998/documents"}}